KIRSTEN, J.S.C.
The defendant Insurance Company of North America (INA), which issued a Payment and Performance Bond on the project involved herein, moved for summary judgment on the ground that plaintiff's claim against it as the issuer of the surety bond was barred by N.J.S.A. 2A:44-145, a provision of the Public Bond Act. Plaintiff argues that the Public Bond Act does not apply, because the project here involved is a private project and not subject...
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